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Posted by JJ on June 09, 1999 at 20:29:56:

Second Circuit Decision published 6/10/99:

No Injunction Against Selling City
Gardens Is Issued; Intentional Bias Is
Lacking

PLAINTIFFS MOVED for a preliminary injunction restraining the
City from selling or destroying 1,100 City-owned parcels
comprising 600 community gardens, some of which were
scheduled for June closings. The City contended that it was
acting in the public interest in creating affordable housing,
market-rate housing units, medical and related care facilities
for the elderly and other facilities in predominantly minority and
low-income neighborhoods. Plaintiffs argued, among other
things, that there would be a disparate impact on black and
Hispanic communities in violation of the Environmental
Protection Agency regulations promultated under Title VI. The
court denied the motion, because intentional discrimination
was not alleged. (See NYLJ, June 9.)

New York City Environmental Justice Alliance v. Giuliani,
Southern District, Judge Schwartz. QDS:02761118.

• NYC Environmental Justice Alliance v Giuliani

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Comments:
: Second Circuit Decision published 6/10/99:

: No Injunction Against Selling City
:                 Gardens Is Issued; Intentional Bias Is
:                 Lacking

:                 PLAINTIFFS MOVED for a preliminary injunction restraining the
:                 City from selling or destroying 1,100 City-owned parcels
:                 comprising 600 community gardens, some of which were
:                 scheduled for June closings. The City contended that it was
:                 acting in the public interest in creating affordable housing,
:                 market-rate housing units, medical and related care facilities
:                 for the elderly and other facilities in predominantly minority and
:                 low-income neighborhoods. Plaintiffs argued, among other
:                 things, that there would be a disparate impact on black and
:                 Hispanic communities in violation of the Environmental
:                 Protection Agency regulations promultated under Title VI. The
:                 court denied the motion, because intentional discrimination
:                 was not alleged. (See NYLJ, June 9.) 

:                  New York City Environmental Justice Alliance v. Giuliani,
:                 Southern District, Judge Schwartz. QDS:02761118. 


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